Bankruptcy court's decision awarding attorney fees to attorney that represented trustee reversed and remanded for further proceedings consistent with the opinion.
The Ninth Circuit Bankruptcy Appellate Panel reversed the bankruptcy court's decision to award attorneys' fees to the debtor under Nevada state law based on debtor's successful objection to a...
The U.S. Bankruptcy Appellate Panel of the Sixth Circuit (BAP) affirmed the authority of a bankruptcy judge to impose conditions on the voluntary, but with prejudice, dismissal of an adversary...
Judge(s):
Scott W. Dales; Randal S. Mashburn; and Tracey N. Wise
The debtor's claim to a homestead exemption in a property leased to a third party as of the petition date was denied because the debtor failed to meet his burden of proof that his absence from the...
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the decision of the U.S. Bankruptcy Court for the Western District of Washington (BC) concluding that those portions of a...
Judge(s):
William J. Lafferty III; Julia W. Brand; and Gary A. Spraker
A judgment entered by a Utah state court as a sanction for producing fraudulent documents in discovery may have preclusive effect on the issue of fraud in subsequent 11 U.S.C. § 523(a)(2)(A) and...
Judge(s):
CROOM, GUSTAFSON, and PRICE SMITH, Bankruptcy Appellate Panel Judges
The bankruptcy court properly granted summary judgment on a § 727(a)(3) and (a)(4)(A) nondischargability complaint against a debtor who (1) failed to maintain adequate books and records from...
The U.S. Court of Appeals for the Seventh Circuit (Circuit) affirmed the grant of summary judgment by the U.S. District Court for Southern District of Indiana (DC) to Southwest Credit Systems (SW),...
Judge(s):
Daniel A. Manion; Diane P. Wood; and Michael B. Brennan
The Ninth Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court's summary judgment in favor of plaintiff-judgment creditor on his 523(a)(2)(A) claim against the defendant debtor based on...
A party seeking to file an objection to discharge must obtain an order granting an extension if the claim objection is not filed within 60 days after the first date set for the first meeting of...
Judge(s):
Higginbotham, Higginson, and Duncan, Circuit Judges